SHEOJI PRASAD GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the petitioner in person and learned counsels for the respondents.

(2.) In the year 1990, the Customs Department allegedly seized gold from rectum of two persons said to be employees of the petitioner on an allegation that gold of foreign origin was being tried to be smuggled in India for the petitioner.

(3.) Pursuant to the aforesaid seizure, two proceedings were taken up. One, in terms of the Customs Act, a proceeding for penalty and confiscation of the seized gold was started by the Custom Authorities, and second, a criminal case was instituted against the petitioner and his two associates. Without going into the details, suffice it to say that the Custom Authorities passed the confiscation order ex parte.